BILL NUMBER: SB 1144	CHAPTERED  09/27/00

	CHAPTER   767
	FILED WITH SECRETARY OF STATE   SEPTEMBER 27, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 26, 2000
	PASSED THE ASSEMBLY   AUGUST 19, 1999
	PASSED THE SENATE   AUGUST 30, 2000
	AMENDED IN ASSEMBLY   JULY 14, 1999
	AMENDED IN SENATE   MAY 18, 1999

INTRODUCED BY   Senator Johannessen
   (Coauthor:  Assembly Member Thomson)

                        FEBRUARY 26, 1999

   An act to amend Section 20175 of the Public Contract Code,
relating to public works contracts.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1144, Johannessen.  Public works:  local agencies.
   Under the Local Agency Public Construction Act, the Cities of West
Sacramento and Davis may provide for an alternative bidding
procedure for the design and construction of projects with a cost not
exceeding $50,000,000. These cities must comply with certain
criteria in the alternative bidding procedure, including that the
contract be awarded to the lowest responsible bidder.  These
provisions will be repealed on January 1, 2001.
   This bill would instead require that the contract be awarded to
the lowest responsible bidder that meets the design, aesthetic, and
quality standards of the city council.  The bill would also extend
the repeal date of these provisions to January 1, 2003.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 20175 of the Public Contract Code is amended to
read:
   20175.  (a) This section provides an alternative and optional
procedure on bidding on building construction projects applicable
only in the City of West Sacramento and the City of Davis, upon the
approval of the city council of the respective city.
   (b) (1) If the city council elects to proceed under this section,
it shall, before entering into any contract requiring advertising for
bids for a project, cause to be prepared estimates, and prepare
documents, for the solicitation of bids on a design-and-build basis.

   (2) For the purposes of this section, "design and build" means a
method of procuring design and construction from a single source.
The selection of the single source occurs before the development of
complete plans and specifications.
   (c) The request for submittals shall include all of the following:

   (1) A clear and precise description of the services to be provided
and work to be performed.
   (2) A description of the format that submittals shall follow and
the elements they shall contain, including the qualifications and
relevant experience of the design professional and the contractor,
and the criteria that shall be used in evaluating the submittal,
including the bid price.
   (3) The date on which the submittals are due, and the timetable
that will be used in reviewing and evaluating the submittals.
   (d) In addition to the information required in paragraph (2) of
subdivision (c), bidders shall submit their proposals with the
construction bid price and all cost information in a separate sealed
envelope.
   (e) All submittals received prior to the closing time stated in
the request for submittal shall be reviewed to determine those that
meet the format requirements and the standards specified in the
request for submittal.
   (f) The contract shall be awarded to the lowest responsible bidder
meeting the design, aesthetic, and quality standards of the city
council.  The formal bid request, issued by the city, shall contain a
general statement describing the design and quality standards of the
city for the specific project.
   (g) For the purposes of this section, selections of design
professionals shall meet the standards of Chapter 10 (commencing with
Section 4525) of Division 5 of Title 1 of the Government Code.
   (h) The City of West Sacramento or the City of Davis, if it
chooses to utilize this section, shall file, on or before September
1, 2000, and again on or before September 1, 2002, with the
Committees on Local Government of the Senate and the Assembly, a
report containing the following information:
   (1) A description of each project procured through the
design-and-build process authorized by this section including, but
not limited to, all of the following:
   (A) The type of facility.
   (B) The gross square footage of the facility.
   (C) The company or contractor who was awarded the project.
   (D) The estimated and actual length of time to complete the
project.
   (E) The estimated and actual project cost.
   (F) A description of the relative merits of projects authorized
pursuant to this section and similar projects procured pursuant to
existing requirements of this code.
   (G) A description of any written protest concerning any aspect of
the solicitation, bid, proposal, or award of projects pursuant to
this section, including the resolution of the project.
   (2) Other pertinent information that the city believes is
instructive in evaluating whether the method of procurement should be
continued or expanded, or both.
   (i) This section is applicable only to any project for which the
costs specified in any contract awarded pursuant to this section do
not exceed fifty million dollars ($50,000,000).
   (j) Contracts awarded pursuant to this section are valid until the
project is completed, within the period specified in the contract
entered into by the city prior to January 1, 2003.
   (k) This section is applicable only to a project that is under the
supervision of a licensed general building contractor within the
meaning of Section 7057 of the Business and Professions Code.
   (l) This section does not limit any existing authority, whether
explicit or implied, for cities to utilize design-build in
contracting for public improvements.
   (m) This section shall remain in effect only until January 1,
2003, and as of that date is repealed, unless a later enacted
statute, that is enacted on or before January 1, 2003, deletes or
extends that date.
